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AgdaPkt 2020-08-24 Joint SA PFA
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AgdaPkt 2020-08-24 Joint SA PFA
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Last modified
9/30/2020 4:20:40 PM
Creation date
8/20/2020 2:56:40 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Regular
Agency Type
City Council and Successor Agency and Public Financing Authority
Date
8/24/2020
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6.B. - Page 6 of 22 <br />encroachment permit. Once a permit is issued, Company shall commence work and complete the <br />construction and installation of the Facilities in accordance with the Code and any construction <br />schedule approved by the City Engineer in the applicable permit. <br />2.5 Compliance with Laws and Regulations. Company shall at all times during the <br />duration of this Agreement, comply with all state, federal and local laws and regulatory <br />requirements, including, without limitation, compliance with Company's Certificates of Public <br />Convenience and Necessity, the California Environmental Quality Act, zoning laws, and <br />construction codes. Company shall at all times employ reasonable care so as not to endanger <br />personnel or property or unreasonably obstruct travel on any Public Rights -Of -Way and shall <br />install, maintain and use commonly accepted industry methods and devices for preventing failures <br />and accidents that are likely to cause damage, injury or nuisance to the public or other users of the <br />Public Rights -Of -Way, public property or private property. <br />2.6 Coordination of Excavation with Other Permittees. Company shall coordinate <br />work with other utilities using the Public Rights -Of -Way in accordance with Section 29.16 of the <br />Code and the requirements imposed by any applicable encroachment permit. <br />2.7 Membership In Underground Service Alert. Pursuant to California <br />Government Code Section 4216.1, Company shall become a member of Underground Service <br />Alert -Northern California and shall field mark, at its sole expense, the locations of its underground <br />Facilities upon notification in accordance with the requirements of Section 4216 of the State of <br />California Government Code, as it now reads or may hereinafter be amended. Company shall <br />furnish written proof of such membership to the City Engineer within thirty (30) days of obtaining <br />such membership (or within 30 days of the date of this Agreement if such membership has been <br />obtained prior to the date of this agreement). Repeal or amendment of Government Code Section <br />4216.1 shall not negate Company's obligation to maintain such membership, unless such repeal or <br />amendment disbands or eliminates Underground Service Alert -Northern California, and shall not <br />negate any notice requirement to City. Company shall undertake and perform any work authorized <br />by this Agreement in a skillful and workmanlike manner, free of defects. <br />2.8 Facilities Maps. Company shall promptly submit to City accurate as -built maps, <br />plans and record drawings showing in detail the location, depth, and size of all Company Facilities <br />in the Public Rights -Of -Way (collectively, the "Maps") within thirty (30) days of a request by the <br />City Engineer. Such Maps shall be submitted in the form and with the detail required by the City <br />Engineer. The Company shall provide, upon demand, copies of the Maps to other third parties <br />interested in performing work within Public Rights -Of -Way for a reasonable charge upon <br />request within thirty (30) days after such demand. The Company shall, moreover, at its sole <br />cost and expense, pothole its subsurface Facilities to a depth of Y below the bottom of its <br />subsurface Facilities within thirty (30) days of receipt of a written request from the City to do <br />so. <br />2.9 Contractors. Any contractor or subcontractor used for the construction, <br />installation, operation, maintenance or repair of the Facilities must be properly licensed under the <br />laws of the state and all applicable local ordinances, and each contractor or subcontractor shall <br />have the same obligations with respect to its work as Company would have under this Agreement <br />and applicable law if the work were performed by Company. Company shall be responsible for <br />ensuring that the work of contractors and subcontractors is performed consistent with this <br />Agreement and applicable law, shall be responsible for all acts or omissions of contractors or <br />REV: 07-09-2020 PR <br />ATTYIAGR.2020,1221Sonic Telecom, LLC (Page 3 of 19) 16 <br />
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